{"id":373133,"date":"2026-10-03T18:38:14","date_gmt":"2026-10-03T13:08:14","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=373133"},"modified":"2026-10-03T18:38:14","modified_gmt":"2026-10-03T13:08:14","slug":"organ-donation-in-india-how-the-system-works-and-what-law-says","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/organ-donation-in-india-how-the-system-works-and-what-law-says\/","title":{"rendered":"Organ donation in India: How the system works and what law says"},"content":{"rendered":"

Source: <\/strong>The post \u201cOrgan donation in India: How the system works and what law says\u201d <\/strong>has been created based on “Organ donation in India: How the system works and what law says\u201d<\/strong> published in \u201cBusiness Standard<\/strong>\u201d on 3rd October 2026.<\/p>\n

UPSC Syllabus: GS-2-Governance<\/strong><\/p>\n

Context: <\/strong>The Karnataka High Court recently allowed a 52-year-old unmarried man to altruistically donate one of his kidneys to an unrelated recipient. The state government informed the court that it is in the process of formulating guidelines to establish a mechanism for regulating cases of altruistic organ donation. This case raises questions about India\u2019s regulation of organ donation, the legality of altruistic donation to unrelated recipients, and safeguards against organ trading.<\/p>\n

About Organ donation in India and Legal framework<\/strong><\/h2>\n
    \n
  1. Organ donation in India is primarily regulated by the Transplantation of Human Organs and Tissues Act (THOTA), 1994<\/strong>, along with its 2011 amendments and 2014 Rules<\/strong>.<\/li>\n
  2. The framework aims to facilitate organ transplantation while ensuring voluntary donation, informed consent and prevention of commercial organ trade<\/strong>.<\/li>\n
  3. THOTA, 1994<\/strong> regulates the removal, storage and transplantation of human organs and tissues<\/strong> for therapeutic purposes.<\/li>\n
  4. It provides rules for both living and deceased donors<\/strong>.<\/li>\n
  5. It also aims to prevent commercial dealings in human organs and tissues<\/strong>.<\/li>\n<\/ol>\n

    Institutional Framework<\/strong><\/h2>\n
      \n
    1. NOTTO (National Organ and Tissue Transplant Organisation)<\/strong> functions at the national level.\n
        \n
      1. It maintains the national registry of donors and recipients<\/strong>.<\/li>\n
      2. It establishes protocols and oversees fair organ distribution<\/strong>.<\/li>\n
      3. It implements the National Organ Transplant Programme<\/strong>.<\/li>\n<\/ol>\n<\/li>\n
      4. ROTTOs (Regional Organ and Tissue Transplant Organisations)<\/strong> and SOTTOs (State Organ and Tissue Transplant Organisations)<\/strong> operate at regional and state levels.<\/li>\n
      5. Together, this three-tier system<\/strong> coordinates organ procurement, waiting lists and awareness.<\/li>\n<\/ol>\n

        Who Can Donate?<\/strong><\/h2>\n
          \n
        1. THOTA permits donation by living donors<\/strong> as well as deceased donors after cardiac or brain death<\/strong>.<\/li>\n
        2. Living donors are broadly classified as:\n
            \n
          1. Near relatives<\/strong>, including spouses, children, grandchildren, siblings, parents and grandparents.<\/li>\n
          2. Non-related donors<\/strong>, who require approval from an Authorisation Committee<\/strong>.<\/li>\n<\/ol>\n<\/li>\n
          3. A near-relative donation requires permission from the doctor in charge of the transplant centre<\/strong>, while non-related donation requires clearance from the appropriate State Authorisation Committee<\/strong>.<\/li>\n<\/ol>\n

            About Altruistic Organ Donation<\/strong><\/h2>\n